MATTER OF WILLIAMS


262 A.D.2d 903 (1999)

692 N.Y.S.2d 504

In the Matter of the Claim of ERROL L. WILLIAMS, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 24, 1999.


Claimant was employed as a salesperson in the tire department at Sam's Club until he was discharged for eating a handful of candy from an open bag he found in another area of the store and then putting the bag back where he found it. Claimant was terminated in accordance with the employer's known zero tolerance policy with respect to theft. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment due to misconduct and we find that substantial evidence...

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